Based on Clause 1, Article 121 of the 2024 Land Law, the cases of changing land use purposes are as follows:
Article 121. Change of land use purpose
1. Cases of land use purpose conversion that must be permitted by a competent state agency include:
a) Converting rice land, special-use forest land, protection forest land, and production forest land to other types of land in the agricultural land group;
Accordingly, when converting rice land to perennial crop land in cases of changing land use purposes, it must be permitted by a competent state agency. Therefore, it can be understood that the illegal conversion of rice land to perennial crop land has not been permitted by a competent state agency.
Based on Clause 3, Article 8 of Decree 123/2024/ND-CP stipulating the use of rice land to perennial crop land without the specific administrative penalty level permitted by competent State agencies when converting rice land to perennial crop land as follows:
Article 8. Using rice land to other types of land without permission from competent State agencies.
1. For the act of converting rice land to another type of land in the agricultural land group, the form and level of penalties are as follows:
a) A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on land areas under 0.5 hectares;
b) A fine of between VND 3,000,000 and VND 5,000 shall be imposed on land areas from 0.5 hectares to less than 01 hectare;
c) A fine of between VND 5,000,000,000 and VND 10,000,000,000 shall be imposed on land areas from 01 hectare to less than 03 hectares;
d) A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed on land areas from 03 hectares or more.
5. Remedial measures:
a) Forced to restore the original state of the land before the violation, except for cases specified in Clause 3, Article 139 of the Land Law;
b) Forcing the return of illegal profits obtained from the violation.
Thus, the conversion of rice land to perennial crop land may be fined from a minimum of 2 million to a maximum of 30 million VND depending on the above-mentioned land area.
In addition, it is also forced to restore the original state of the land before the violation, except for the cases specified in Clause 3, Article 139 of the 2024 Land Law; forced to return the illegal profits obtained from the violation.
